财产分割-公平分配

One of the most important issues dealt with by experienced family law 和 divorce attorneys across the country, 尤其是皮埃蒙特三合会, 是财产分割(又称公平分配).

在一段漫长的婚姻之后, it is likely that the parties have accumulated a large amount of marital property, 比如银行账户, 投资账户, 家具, 汽车, 和财产. These are items that, following a divorce, have to be divided between the two parties.

在皇冠足彩案件中，北卡罗来纳州假定公平分配. 这意味着所有的夫妻财产, 债务和资产, 是两党平分的吗. 默认的规则，本质上是把所有东西对半分成. This can be altered in at least two ways: (1) If the parties signed a premarital agreement prior to entering into the marriage (such an agreement allows the parties to specify how they want their property divided should they later divorce.) (2) There are 14 factors for an unequal division for the court to consider.

如果双方没有签订婚前协议, 这是常有的事, 他们的财产需要分割, 由协议决定的, 在中介, 或者通过法院命令. One important piece to the division of property includes the required inventory affidavits of marital property. 这些被称为ED宣誓书. 如果有人要求公平分配, 双方当事人都必须填写这些宣誓书中的一份. The information on these affidavits is extensive 和 every item is valued as of the date of separation. 准确完整地填写这些宣誓书是很重要的, 在你律师的帮助下, 以确保财产, 包括资产和债务, 是平均分配的.

These ED Affidavits are useful in coming to an agreement between the parties as to the value of the items listed in the affidavit. This is why it is important to have documentation showing the value of the items as of the date of separation. The other party has a hard time arguing about the value of a bank account when you provide the statement showing the balance at the date of separation. 双方的谈判, 在他们律师的协助下, 是否会导致财产分配的妥协.

Another important aspect of property division focuses on pensions 和 retirement accounts. 夫妻财产包括存放在这些账户中的任何东西, 比如401(k)计划, 在婚姻中. 因此, if one spouse has contributed over the 20 year marriage to his or her 401(k), 另一方有权得到这笔钱的一半.

Having a 合资格家庭关系令 entered by the court allows the second spouse to receive money directly from the administrator of the retirement plan, 一旦另一方有资格领取补助金. This simplifies the process 和 ensures that the second spouse receives the payments they are entitled to. It is important to have the assistance of an attorney to ensure that the terms of the QDRO are equitable 和 the QDRO itself is a valid 和 binding document.

To learn more about any of the previously mentioned areas under the broad category of property division, 选择下面相应的链接.

• 公平分配
• 要求清点婚姻财产誓章
• 合资格家庭关系令

One common issue that comes up frequently in family law 和 divorce cases across North Carolina is the issue of spousal support. 从它的名字你可能就能看出来, spousal support involves payments made from one spouse to the other following a separation or divorce.

例如, 用假名, 皇冠足彩网的迈克·汤普森和莎伦·汤普森, 北卡罗来纳已经决定申请皇冠足彩. Sharon moves out of the marital residence in order to be legally separated from him so as to file for divorce. However, Sharon is the breadwinner in the family 和 makes significantly more than Mike. 如果法庭判定迈克依赖莎伦, he may be entitled to either alimony or post separation support from Sharon.

如假设示例所示, spousal support is only awarded by the court when there is a dependent relationship between the two spouses. 这意味着一方是依赖配偶, 另一方被称为赡养配偶. A dependent spouse is one who is dependent on the other spouse for support. A supporting spouse is one that has been providing support to the other spouse.

Spousal support is a general term that can be split into two different categories: alimony 和 post separation support. The major difference between alimony 和 post separation support is the time frame. 赡养费更多的是一种长期或康复形式的配偶支持. 赡养费只有在一方提出皇冠足彩后才能发给.

Post separation support, on the other h和, is a temporary, short-term form of spousal support.

There are some technical requirements to make sure your claim for alimony or post separation support is viable 和 can be 经法庭审理. Your case for alimony or post separation support must be pending before the court prior to an order granting absolute divorce. If you do not have a pending case before the absolute divorce is granted, 你失去了赡养费和皇冠足彩后赡养费的要求. PLEASE SEEK ADVICE FROM A FAMILY LAWYER BEFORE FILING FOR DIVORCE IF YOU SEEK SPOUSAL SUPPORT. 这很关键!!!!!!!!!!!

This technical requirement regarding timing is why it is important to have an experienced family law 和 divorce attorney at your side throughout this process. 有些规则是必须遵守的, 或者你可能会失去某些索赔的权利, 比如赡养费或分居后的赡养费, 经法庭审理. Having an experienced attorney ensures that you do not jeopardize your rights due to a technicality.

为进一步, more specific 和 detailed information about both alimony 和 post separation support, 选择下面提供的任何一种类型的配偶支持链接. If you wish to file a claim for either alimony or post separation support, 还有很多其他法律上的家庭问题, contact our office to meet with an experienced family law 和 divorce attorney.